The Scottish Government

2004

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CONTENTS

Acknowledgements
Executive Summary
1. Introduction
1.1 In Brief
Aims and Objectives of this Document
The Remit of this Document
The Structure of this Document
1.2 Background
The Mental Health (Care and Treatment) (Scotland) Act
The 2003 Act: Development Work
The Changes the 2003 Act Brings
Mental Health Policy Context: Improving Scotland's Mental Health
The National Programme for Improving Mental Health and Well Being
The Need for Information
Research into the New Act: the research programme
Consultation on the Research Programme
The Consultation Questions
Table 1: The Research Questions in the Consultation Document
1.3 What Does Monitoring, Assessment And Research Mean?
2. Analysis Of Responses
2.1 General Responses
Who responded
Table 2: Brief List of Written Responses
Representing the Views of all Stakeholder Groups
Analysis
3. The Action Matrix
3.1 Clarifying The Research Issues
3.2 Cross Cutting Themes
Preparedness
Trends
Costs
The Principles of the Act
3.4 Information Already Available
3.5 Table 3: The Action Matrix
3.6 Analysis In More Depth Follows
4. Compulsory Measures
4.1 Background To The New Provisions
4.2 Suggested Research Topics
4.3 The Responses
Agreement Amongst the Responses
Concerns Expressed by Respondents
5. Mental Health Tribunals
5.1 Background To The New Provisions
5.2 Suggested Research Topics
5.3 The Responses
Agreement Amongst the Responses
Concerns Expressed by Respondents
Changes in Rights, Duties and Powers linked to the Tribunal System
Advocacy
Background to the New Provisions
Concerns Expressed by Respondents
Care Plans
Background to the New Provisions
Concerns Expressed by Respondent
Advance Statements
Background to the New Provisions
Concerns Expressed by Respondents.
Named Person
Background to the New Provisions.
Concerns Expressed by Respondents
6. People With Mental Disorder In The Criminal Justice System
6.1 Background To The New Provisions
6.2 Suggested Research Topics
6.3 The Responses
Agreement Amongst the Responses
Concerns Expressed by Respondents
7. New Rights, Duties And Powers
7.1 Background To The New Provisions
7.2 Suggested Research Topics
7.3 The Responses
Agreement Amongst the Responses
The Right to Assessment
Background to the New Provisions
Concerns Expressed by Respondents
The Duty to Inquire
Background to the New Provisions
Concerns Expressed by Respondents
8. Pre-Enactment Research
8.1 The Responses
Respondents Suggestions
9. Other Contributions To The Research Programme
9.1 The Impact Of The Act On All Stakeholders
Impact on Carers and other Family Members
Impact on Informal Patients
Impact on the Role and Workload of Professionals Groups and
Others Delivering Services
Impact on the General Public
Impact on Other Services and Agencies
The Mental Welfare Commission
Background to the New Provisions
Concerns Expressed by Respondents
Impact on other Legislative Frameworks
9.2 Patient Journeys And Routes Into Compulsion, Prevention And Proactive Measures
9.3 Feedback And Dissemination Strategies
9.4 Social Versus Clinical Models Of Care
10. Specific Research Issues
11. Concluding Remarks
11.1 A Great Opportunity for Mental Health Research
11.2 Changes to services: Watching and Understanding the Trends
11.3 The MHA 2003: Theory versus Practice
12. Next Stages
Annexe One: Table Four: Full List of Responses
Annexe Two: Consultation Event Report
Annexe Three: Glossary of Commonly Used Terms in the Act
Annexe Four: Local Authority and Health Boards: services assessment

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